Conversion into law of the Justice Decree
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What is new in the field of crimes pursuant to Legislative Decree 231, disturbed freedom of enchantment, environmental crimes and the practical implications for the Organisational Models of entities.
On 9 October 2023, the law converting Decree-Law No. 105 of 10 August 2023 (the Law), which – inter alia – introduces significant changes in criminal matters, and Legislative Decree No. 231 of 8 June 2001 (Decree 231) was published in the Official Gazette.
What's new at a glance
Among the numerous innovations provided for by the Law in various sectors, it is worth mentioning the amendments to Articles 24 and 25-octies 1 of Decree 231, thus extending the range of predicate offences for which entities are liable, pursuant to Decree 231, with respect to:
- fraudulent transfer of values (Article 512-bis of the Criminal Code).
- disturbed freedom of enchantment (Article 353 of the Criminal Code);
- disturbed freedom to choose a contractor (353-bis of the Criminal Code); and
In addition, the Law provides for an increase in penalties for certain environmental crimes and extends the applicability of criminal confiscation pursuant to Article 240-bis of the Criminal Code and the accessory penalty of disqualification from public office and the inability to contract with the Public Administration in relation to further environmental crimes.